Judges: MARK WHITE, Attorney General of Texas
Filed Date: 10/7/1981
Status: Precedential
Modified Date: 7/6/2016
Honorable Bill M. Reimer Comal County Attorney Room 112, Courthouse New Braunfels, Texas 78130
Re: Authority to call special election for commissioner's court when regular elections were enjoined.
Dear Mr. Reimer:
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Is there any statutory provision authorizing a County Judge or County Commissioner's Court to call a special election for County Commissioners when the original primary and general election were enjoined due to allegations of population imbalance, but when such injunction was subsequently dismissed after the county's redistricting plan was approved?
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V , section18 of the Texas Constitution provides that county commissioners shall continue to perform the duties of their office until their successors `shall be elected and qualified.' See also Tex. Const. art.XVI , §17 . Therefore, until such time as successors to the incumbent commissioners in precincts one and three have been elected or appointed and have qualified, said incumbents continue in office.
Dollinger v. Jefferson County Commissioners Court,
Although you only inquire as to the authority of the commissioners court to call a special election under these circumstances, we feel compelled to point out that under Texas law, a vacancy now exists in the precincts in question within the meaning of article 2341, V.T.C.S. That statute provides as follows:
In case of vacancy in the office of commissioner, the county judge shall appoint some suitable person living in the precinct where such vacancy occurs, to serve as commissioner for such precinct until the next general election.
Tom v. Klepper,
Our opinion is that there was a vacancy in the office of county commissioner for that precinct, within the meaning of article 2240 [now article 2341, V.T.C.S.], above quoted, at the expiration of appellant's full two years' service [now four years], by reason of the failure to elect a commissioner for that precinct at the general election in 1914. We think this view accords with the settled policy of our state Constitution restricting the duration of the terms of office, as provided in the articles of the Constitution and statute quoted. A holding beyond the two years would be by sufferance, rather than from any intrinsic title to the office.
In view of these authorities, we believe the county judge of Comal County may now appoint a successor to serve until the next general election. In any event, an election must be held in the precincts in question at the next general election to elect commissioners to serve the remainder of the unexpired terms. V.T.C.S. art. 2341.
Very truly yours,
Mark White Attorney General of Texas
John W. Fainter, Jr. First Assistant Attorney General
Richard E. Gray III Executive Assistant Attorney General
Prepared by Jon Bible Assistant Attorney General